Monday, August 12, 2013

On the new NCAA Division I violation structure.

Before August 2013, all NCAA college sports divisions had the same infractions structure: "major" and "secondary" violations. On October 30, 2012, the NCAA adopted a new penalty and violation structure for Division I sports, which became effective on August 1, 2013.

Divisions II and III retained the "major" and "secondary" violation structure. In Division I, there are now four levels of violations (Levels I-IV), instead of two. Level I violations are severe breaches of conduct. They include but are not limited to:
  • A lack of institutional control;
  • Academic fraud;
  • Failure to cooperate in an NCAA enforcement investigation;
  • Individual or unethical dishonest conduct, regardless of whether the underlying institutional violations are severe breaches of conduct;
  • Cash payments or other benefits provided by a coach, administrator, athletic representative or booster;
  • Third party involvement in recruiting violations;
  • Intentional violations or reckless indifference to the NCAA constitution and bylaws; or
  • Multiple Level II and/or III breaches of conduct.
Level I violations "seriously undermine or threaten the integrity of the NCAA Collegiate Model," and include "any violation that provides or is intended to provide a substantial or extensive recruiting, competitive or other advantage, or a substantial or extensive impermissible benefit." NCAA Division I Bylaw 19.1.1.

Level II violations are significant breaches of conduct. They include but are not limited to:
  • Failure to monitor;
  • Systemic violations that do not amount to a lack of institutional control;
  • Multiple recruiting, financial aid, or eligibility violations that do not amount to a lack of institutional control; or
  • Multiple Level III breaches of conduct.
Level II violations "provide or are intended to provide more than a minimal but less than a substantial or extensive recruiting, competitive or other advantage; include more than a minimal but less than a substantial or extensive impermissible benefit; or involve conduct that may compromise the integrity of the NCAA Collegiate Model[.]" NCAA Division I Bylaw 19.1.2.

Level III violations are standard breaches of conduct. They include but are not limited to:
  • Inadvertent violations that are isolated or limited in nature; or
  • Extra-benefits, financial aid, academic eligibility and recruiting violations, provided they do not create more than minimal advantages.
Level III violations are "isolated or technical in nature; provide no more than a minimal recruiting, competitive or other advantage; and provide no more than a minimal impermissible benefit." NCAA Division I Bylaw 19.1.3. Level IV violations are incidental infractions. They are minor. They are technical in nature and generally will not affect eligibility unless there are multiple Level IV violations. NCAA Division I Bylaw 19.1.4.

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